The state’s case against former Buffalo City officials, employees and ANC regional leader suffered a blow after the presiding judge, Igna Stretch, ruled against admission of evidence dated after September 9.
In the dock are former Eastern Cape health MEC Sindiswa Gomba, former Buffalo City metro mayor Zukiswa Ncita, her former deputy Temba Tinta, former ANC Dr WB Rubusana regional chairperson Phumlani Mkolo, former Buffalo City council speaker Luleka Simon-Ndzele, former municipal employees Ondela Mahlangu, Thembelani Sali and Nqaba Ludidi, business owners Viwe Vazi and Nosiphiwo Mati and their entities.
The accused were charged in 2014 for contravention of the Municipal Finance Management Act, fraud, corruption and money-laundering after they defrauded Buffalo City metro R10-million under the false pretense that it was going to fund events related to Mandela funeral.
They were caught after pocketing about R5.9-million among themselves before the remaining R4.1-million was paid out.
The case was provisionally withdrawn in mid 2019 but was re-enrolled in 2021.
The case was set for trial from February but there have been several attempts by the accused to challenge admissibility of certain evidence, including attempts for Stretch to recuse herself.
The trial got under way at the Bhisho High Court in September and several witnesses have already given testimony.
But a complaint came through amid the trial in the middle of October when some of the defence lawyers argued that the state was introducing new evidence including cellphone interaction among some of the accused and witnesses expected to testify on the new evidence.
An application to bar the state from introducing this evidence was lodged and argued in court on Tuesday. The defence argued that the new evidence prejudiced its clients and affected preparation for trial.
On Wednesday morning, Stretch ruled and ordered that the state cannot introduce the new evidence except on condition when the court deems it necessary to call for it.
But Luxolo Tyali, National Prosecuting Authority spokesperson in Eastern Cape, said not all is lost. “This was not fresh evidence, but it’s just a way that it was packaged and brought to court, we will repackage and use it,” said Tyali.
Tyali added that the state is still in possession of sufficient evidence to win the case.
Follow @SundayWorldZA on Twitter and @sundayworldza on Instagram, or like our Facebook Page, Sunday World, by clicking here for the latest breaking news in South Africa. To Subscribe to Sunday World, click here
